Legal Opinion
Dean Louise Fitz-Patrick, Independent of the Last Will of J. E. Fitz-Patrick, Deceased v. Commonwealth Oil Company
Court of Appeals for the Fifth Circuit
Decided December 30, 1960No. 18130PublishedCited by 26 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
The appellant, plaintiff below, appeals from an order of the district court dismissing the complaint for failure to state a claim upon which relief may be granted. 1 The suit is for specific performance of a contract and, in the alternative, for damages. The sole issue for decision is whether the complaint alleged the happening of a condition precedent to the existence of the contract on which the complaint is predicated. The condition was the consent of the Republic of Haiti "to the plaintiff’s assignment to the defendant of a petroleum concession. The motion to dismiss…
2Cases cited5 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Consolidated Rock Products Co. v. Du BoisSupreme Court of the United States · 1941
- Chicago, Milwaukee & St. Paul Railway Co. v. Minneapolis Civic & Commerce Ass'nSupreme Court of the United States · 1918
- Leimer v. State Mut. Life Assur. Co.Court of Appeals for the Eighth Circuit · 1940
- Francis O. Day Co., Inc., a Corporation v. Jacob Shapiro, Usually Known as J. B. ShapiroCourt of Appeals for the D.C. Circuit · 1959
3Cited by26 opinions
- Hargrave v. Fibreboard Corp.Court of Appeals for the Fifth Circuit · 1983
- Myers v. CENTRAL FLORIDA INVESTMENTS, INC.Court of Appeals for the Eleventh Circuit · 2010
- Japan Petroleum Co.(Nigeria) Ltd. v. Ashland OilDistrict Court, D. Delaware · 1978
- Captain Tom Barber v. The Motor Vessel "Blue Cat", a 32' Catamaran, Her Engines, Apparel, Tackle and EquipmentCourt of Appeals for the Fifth Circuit · 1967
- Pasco International (London) Ltd. v. Stenograph Corporation, Energy Absorption Systems and Data General CorporationCourt of Appeals for the Seventh Circuit · 1980
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